2005-053RESOLUTION N0. 2005-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM (A) CERTIFYING FINAL ENVIRONMENTAL
IMPACT REPORT N0.328, (B} ADOPTING A STATEMENT OF
FINDINGS AND FACTS AND STATEMENT OF OVERRIDING
CONSIDERATIONS IN CONNECTION THEREWITH, AND (C)
ADOPTING MITIGATION MONITORING PROGRAM N0.126
WHEREAS, the Anaheim City Planning Commission did receive verified Petitions
for an amendment to The Platinum Triangle Master Land Use Plan, an amendment to the Platinum
Triangle Mixed Use {PTMU) Overlay Zone and Conditional Use Permit No. 2003-04763
(collectively, the "Project"), for certain real property situated in the City of Anaheim, County of
Orange, State of California, more particularly described as set forth in Attachment 1 to this
Resolution and incorporated herein as if set forth in full; and
WHEREAS, the City of Anaheim is the lead agency for the preparation and
consideration of environmental documents for said project, as defined in the California
Environmental Quality Act of 1970, as amended, (hereinafter "CEQA") and the State of California
Guidelines for the Implementation of the California. Environmental Quality Act (hereinafter "State
Guidelines"); and
WHEREAS, said project is subject to compliance with the provisions of the
California Environmental Quality Act of 1970, as amended, ("CEQA") and the State of California
Guidelines for the Implementation of the California Environmental Quality Act (the "State CEQA
Guidelines") ,since said project requires approval of the following proposed discretionary actions by
the City of Anaheim: (i) Amendment No. l to The Platinum Triangle Master Land Use Plan
(MIS2003-00071), (ii) Amendment to the Platinum Triangle Mixed Use (PTMU) Overlay Zone
(ZCA2003-00025), and (iii) Conditional Use Permit No.2003-047b3, which actions shall hereafter
be collectively referred to herein as the "Discretionary Actions"; and
WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the Draft
EIR No. 328 (hereinafter referred to as "DEIR") and has consulted with other public agencies, and
the general public and given them an opportunity to comment on said DEIR as required by the
provisions of CEQA and the State Guidelines; and
WHEREAS, the City of Anaheim has evaluated the comments received from public
agencies and persons who reviewed the DEIR and has prepared responses to the continents received
during the public review period; and
WHEREAS, said comments and recommends#ions received on said DEIR, either
verbatim or in summary; a list of persons, organizations and public agencies commenting on the
DEIR; and the responses of the City of Anaheim to significant environmental points raised in the
review and consultation process have been included in the DEIR and a Response to Comments
document dated February 11, 2005; and
WHEREAS, the DEIR, the Response to Comments document dated February 11,
2005, Mitigation Monitoring Program No. 126 and all documents submitted as part of the public
record on said DEIR form the Final EIR for said Project as required by Section 15132 of the State
CEQA Guidelines ("FEIR No. 328"); and
WHEREAS, the City of Anaheim has prepared a draft Statement of Findings of Fact
and Statement of Overriding Considerations relating to FEIR No. 328 in conformance with the
requirements of CEQA and the State Guidelines; and
WHEREAS, the City of Anaheim desires and intends to use FEIR No. 328 as the
environmental documentation required by CEQA and the State CEQA Guidelines for each of the
above-referenced Discretionary Actions to the extent authorized by law; and
WHEREAS, said FEIR and Statement of Findings of Fact and Statement of
Overriding Considerations has been presented to and independently considered by the Planning
Commission of the City of Anaheim for review and consideration prior to the final approval of, and
commitment to, said Project; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim on February 23, 2005, at 2:00 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Discretionary
.Actions and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, at the February 23, 2005 public hearing, the Anaheim City Planning
Commission deleted the following mitigation measure SRR 3.3-1 from the Statement of Findings
and Facts and Statement of Overriding Considerations and Mitigation Monitoring Program No. l 26,
as said measure has been satisfied by the plans and exhibits submitted by the applicant depicting the
project architecture, colors, materials and landscape plans, which plans and exhibits are on file in
the Planning Department as part of Conditional Use Permit No.2003-04763:
"SRR 3.3- ( Prior to the approval of a grading plan for issuance of
grading permits or the issuance of the first building permit, whichever
occurs first, the property owner/developer shall submit the project
design {architecture, colors and materials, and landscape plan) to the
City of Anaheim Planning Commission for review and approval."
WHEREAS, said Final EIR has been presented to the City Council of the City of
Anaheim for review and consideration prior to the final approval of, and commitment to, said
project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the City of Anaheim does hereby certify Final Environmental Impact Report No. 328,
adopting the Statement of Findings of Fact and Statement of Overriding Considerations for the
Archstone Gateway Project, as revised to delete SRR 3.3-1, a copy of each of which is on file with
the Planning Department and which are incorporated herein by this reference as if set. forth in full,
and determines that said Final Environmental Impact Report No. 328 fully complies with CEQA,
reflects the independent judgment of the City Council, and is adequate to serve as the environmental
documentation for the Discretionary Actions.
BE IT FURTHER RESOLVED that pursuant to Section 21081.6 of the Public
Resources Code, the City Council hereby adopts that certain monitoring program described as the
Mitigation Monitoring Program No. 126 , as revised to delete SRR 3.3-1, to mitigate or avoid
significant effects on the environment and to ensure compliance during project implementation, a
copy of which is on file with the Planning Department and which is incorporated herein by this
reference as if set forth in full.
2
ATTACHMENT
ATTACHMENT 1
PARCEL A: THAT PORTION OF LOT 13 OF THE LOCKHART TRACT, IN THE CITY OF ORANGE,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4, PAGE 512
OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THE 5.25 ACRE TACT OF LAND CONVEYED
BY HARRY J. BRAINERD TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527, PAGE 276 OF
DEEDS OF SAID LOS ANGELES COUNTY; THENCE SOUTHWESTERLY ALONG THE
NORTHWESTERLY LINE OF SAID LAND OF GADE TO THE CENTERLINE OF THE STATE
HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF
INTERSECTION THEREOF WITH THE CENTERLINE OF THE COUNTY ROAD COMMONLY KNOW
AS PLACENTIA AVENUE, AN EASEMENT FOR SAID ROAD WAS CONVEYED TO ORANGE COUNTY
BY DEED RECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF SAID ORANGE
COUNTY; THENCE NORTH 0° 09' 30" WEST ALONG THE CENTERLINE OF SAID COUNTY ROAD
TO THE NORTHWESTERLY LINE OF LOT 13 OF SAID LOCKHART TRACT; THENCE
NORTHEASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LOCKHART TRACT;
THENCE EASTERLY ALONG SAID LINE TO THE NORTHERLY LINE OF SAID LINE TO THE
NORTHWESTERLY CORNER OF THE LAND CONVEYED TO PHILIP LAUX AND ADELE H. LAUX,
HIS WIFE, BY DEED RECORDED JUNE 15, 1920 IN BOOK 369, PAGE 104 OF DEEDS; THENCE
SOUTH 16° 56' 00"WEST 634.90 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE CENTERLINE OF SAID COUNTY ROAD, DISTANT THEREON
NORTH 0° 10' 30" WEST 159.66 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF THE
CALIFORNIA STATE HIGHWAY (60 FEET WIDE), DESCRIBED IN THE DEED TO THE STATE OF
CALIFORNIA, RECORDED OCTOBER 25, 1954 IN BOOK 2851, PAGE OF OFFICIAL RECORDS OF
SAID ORANGE COUNTY; THENCE SOUTH 60° 43' 00" EAST 344.21 FEET TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LAND OF GADE, NORTHEASTERLY 221.05 FEET, MEASURED
ALONG SAID NORTHWESTERLY LINE AN THE SOUTHWESTERLY PROLONGATION THEREOF,
FROM SAID CENTERLINE OF THE CALIFORNIA STATE HIGHWAY.
ALSO EXCEPT THE INTEREST CONVEYED TO THE CITY OF ORANGE, FOR USE AS A PUBLIC
STREET AND FOR USE OF PUBLIC UTILITIES, BY DEED RECORDED NOVEMBER 14, 1963 IN
BOOK 6804, PAGE 358 OF OFFICIAL RECORDS, IN THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT AT A POINT BEING THE INTERSECTION OF THE CENTERLINE OF LOS
ANGELES STREET (60 FEET WIDE) AND STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA
AVENUE) (60 FEET WIDE); THENCE NORTH 0° 09' 30" EAST ALONG THE CENTERLINE OF SAID
STATE COLLEGE BOULEVARD, 32,63 FEET TO AN ANGLE POINT; THENCE SOUTH 89. °50' 30"
EAST 30 FEET AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF STATE COLLEGE
BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 9° 09' 30"WEST 15 FEET TO
CAN ANGLE POINT, SAID POINT BEGIN THE INTERSECTION OF THE EAST LINE OF SAID STATE
COLLEGE BOULEVARD WITH THE NORTHEASTERLY LINE OF SAID LOS ANGELES STREET;
THENCE SOUTH 60° 43' 00" EAST 15 FEET ALONG SAID NORTHEASTERLY LINE OF LOS
ANGELES STREET TO AN ANGLE POINT; THENCE NORTH 30° 16' 45" WEST 25.87 FEET TO THE
TRUE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND AS DEDICATED TO THE CITY OF
ORANGE BY DEDICATION BEING RECORDING MAY 1, 1970 IN BOOK 9284, PAGE 62 OF OFFICIAL
RECORDS, BEING DESCRIBED AS:
THAT PORTION OF LOT 13 OF THE LOCKHART TRACT, PER MAP RECORDED IN BOX 4, PAGE
512 OF MISCELLANEOUS RECORDS, LOS ANGELES COUNTY, CALIFORNIA, AND LOTS1 AND 2
Cr1PC2005-030 PC2005-30
OF TRACT N0. 71, AS PER MAPS RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS
OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF THE ROAD ESTABLISHED BY DEED TO THE
COUNTY OF ORANGE RECORDED DECEMBER 6, 1922 IN BOOK 444, PAGE 395 OF DEEDS OF
SAID ORANGE COUNTY, DISTANT NORTH 0° 43' 42" WEST, 159.66 FEET FROM ITS
INTERSECTION WITH THE CENTERLINE OF THE CALIFORNIA STATE HIGHWAY (60 FEET WIDE)
AS DESCRIBED IN A DEED RECORDED JULY 10, 1914 IN BOOK 258, PAGE 59 OF SAID DEEDS;
THENCE SOUTH 59° 48' 48" EAST A DISTANCE OF 34.45 FEET TO THE POINT OF INTERSECTION
OF THE NORTHEASTERLY LINE OF STATE COLLEGE BOULEVARD (FORMERLY LOS ANGELES
STREET), WITH THE EAST LINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN AS
PLACENTIA AVENUE) AND BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
THENCE, CONTINUING SOUTH 59° 48' 48" EAST A DISTANCE OF 309.76 FEET, MORE OF LESS,
TO THE NORTHWESTERLY LINE OF THE 5.25 ACRE TRACT OF LAND CONVEYED TO HARRY
JAMES BRAINARD, ET UX., TO WILLIAM F. GADE BY DEED RECORDED IN BOOK 527, PAGE 276
OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE NORTH 50° 03` 27" EAST ALONG SAID
NORTHWESTERLY LINE OF THE LAND TO WILLIAM F. GADE A DISTANCE OF 25.52 FEET;
THENCE, PARALLEL AND 24 FEET NORTHEASTERLY TO THE EXISTING RIGHT-OF-WAY LINE OF
STATE COLLEGE BOULEVARD (FORMERLY LOS ANGELES STREET), NORTH 59° 48' 48"WEST A
DISTANCE OF 118.59 FEET TG THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 342 FEET; THENCE WESTERLY AND NORTHERLY
ALONG SAID 342 FOOT RADIUS CURVE THROUGH A CENTRAL ANGEL OF 60° 32' 30n AN ARC
DISTANCE OF 361.38 FEET: THENCE PARALLEL AND 42 FEET EASTERLY OF THE CENTERLINE
OF STATE COLLEGE BOULEVARD (FORMERLY PLACENTIA AVENUE) A DISTANCE OF 546.48
FEET: THENCE NORTH 3° 15' 01" EAST A DISTANCE OF 250 FEET, MORE OR LESS, TO A POINT
ON THE EXISTING BOUNDARY OF THE CITY OF ORANGE AS ESTABLISHED BY ANNEXATION N0.
79, ORDINANCE N0. 663, SAID BOUNDARY LINE 205.43 FEET NORTHERLY OF THE WESTERLY
PROLONGATION OF SYCAMORE AVENUE; THENCE NORTH 89° 16' 18" WEST ALONG THE
EXISTING CITY OF ORANGE BOUNDARY A DISTANCE OF 23 FEET; THENCE PARALLEL AND 30
FEET EASTERLY OF THE CENTERLINE OF STATE COLLEGE BOULEVARD (FORMERLY KNOWN
AS PLACENTIA AVENUE) SOUTH 0° 43' 42" WEST A DISTANCE OF 1016.65 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPTION THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF
CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS
INSTRUMENT N0. 19980352437, OF OFFICIAL RECORDS.
PARCEL B: THAT PORTION OF LOT 2 IN TRACT N0. 71, AS PER MAP RECORDED IN BOOK
10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY. CALIFORNIA, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT, WEST 1025.53 FEET FROM THE
NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ON A DIRECT LINE TO A POINT ON THE
SOUTH LINE OF SAID LOT, WESTERLY 747 FEET FROM THE SOUTHEAST CORNER THEREOF.
EXCEPT THE NORTH 567.04 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORANGE
RECORDED MAY 7.1970 IN BOOK 9284, PAGE fit OF SAID OFFICIAL RECORDS.
ALSO EXCEPT THEREFROM THAT PORTION OF SAID LOT LYING WESTERLY OF THE
CENTERLINE OF PLACENTIA AVENUE (NOW STATE COLLEGE BOULEVARD) AS SHOWN ON
TRACT N0. 964, FILED IN BOOK 31, PAGES 46 AND 47 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
Cr1PC2005-030 PC2005-30
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF
CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 199$, AS
INSTRUMENT N0.19980352437, OF OFFICIAL RECORDS.
PARCEL C: THAT PORTION OF LOT 1 OF TRACT 71, AS PER MAP RECORDED IN BOOK 10,
PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID LOT 1 WITH THE
CENTERLINE OF PLACENTIA AVENUE; THENCE SOUTH 0° 9' 30" EAST 179.99 FEET TO THE
EASTERLY LINE OF SAID LOT.
ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE CITY OF ORANGE
RECORDED MAY 7,1970 IN BOOK 9284; PAGE 62 OF SAID OFFICIAL RECORDS.
PARCEL D: PARCEL 21 AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 34 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
PARCEL E: THAT PORTION OF LOT 2 OF TRACT N0.71, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 3 OF SAID TRACT N0.71, SAID SOUTHWEST
CORNER ALSO BEING THE EAST QUARTER SECTION CORNER OF SECTION 26, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A
MAP RECORDED IN BOOK 51, PAGE 10 OF SAID MISCELLANEOUS MAPS, THENCE ALONG THE
SOUTHERLY LINE OF SAID LOT 3, NORTH 89° 59' 00" EAST 215.00 FEET; THENCE SOUTH 0° 01'
00" EAST 280.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 0° 01'
00" EAST 287.04 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 567.04 FEET OF SAID LOT
2: THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE CENTERLINE OF STATE
COLLEGE BOULEVARD, FORMERLY PLACENTIA AVENUE, AS DESCRIBED IN DEED TO THE
COUNTY OF ORANGE, RECORDED MARCH 22, 1920 IN BOOK 358, PAGE 19 OF DEEDS,
RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG SAID CENTERLINE TO A
LINE THAT IS PARALLEL WITH NORTHERLY LINE OF SAID LOT 2 AND PASSES THROUGH THE
TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID LAST MENTIONED PARALLEL
LINE TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THE EAST 50.00 FEET.
ALSO EXCEPTING THAT PORTION THEREOF SET FORTH IN THE FINAL ORDER OF
CONDEMNATION IN FAVOR OF THE STATE OF CALIFORNIA, RECORDED APRIL 30, 199$ AS
INSTRUMENT N0.19980262502, OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND CONVEYED TO THE STATE OF
CALIFORNIA BY THAT FINAL ORDER OF CONDEMNATION RECORDED JUNE 5, 1998, AS
INSTRUMENT N0.19980352437.OF OFFICIAL RECORDS.
Cr1PC2005-030 PC2005-30
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 26thday of April, 2005, by the following roll call. vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Chavez
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF HEIM
By
MA F THE CI O ANAHEIM
ATTEST;
f
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T~' CLE K. OF THE CITY OF ANAHEIM
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